Section 21522 Of Chapter 2. Marital Deduction Gifts From California Probate Code >> Division 11. >> Part 5. >> Chapter 2.
21522
. If an instrument contains a marital deduction gift:
(a) The provisions of the instrument, including any power, duty,
or discretionary authority given to a fiduciary, shall be construed
to comply with the marital deduction provisions of the Internal
Revenue Code.
(b) The fiduciary shall not take any action or have any power that
impairs the deduction as applied to the marital deduction gift.
(c) The marital deduction gift may be satisfied only with property
that qualifies for the marital deduction.